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Document(s) published by this organization: 35
Show: results per page Sort by:  | NLRB Rules Against Class Action Waivers
David Matthew Allen, James R. Wiley; Carlton Fields, P.A.;
Legal Alert/Article January 12, 2012, previously published on January 10, 2012 Friday, in D.R. Horton Inc. v. Michael Cuda, the NLRB issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. This ruling is highly controversial in light of recent charges...
|  | The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011
Joseph Hagedorn Lang, Sylvia H. Walbolt; Carlton Fields, P.A.;
White Paper January 11, 2012, previously published on January 1, 2012 Eight circuit courts of appeals rendered 19 notable decisions addressing various issues under the Class Action Fairness Act (CAFA) in 2011, with the Seventh Circuit leading the way with five such decisions. Some show that forum shopping for class actions is alive and well. Others favor CAFA removal...
| | Changes to Removal and Remand Procedures for Civil Actions
Penelope A. Dixon, David J. Walz; Carlton Fields, P.A.;
Legal Alert/Article January 11, 2012, previously published on January 6, 2012 On December 7, 2011, President Obama signed into law the Federal Courts Jurisdiction and Venue Clarification Act of 2011 ("FCJVCA"). The FCJVCA makes a variety of changes to sections of the United States Code such as the treatment of resident aliens (28 U.S.C. § 1332(a)), citizenship...
| | The Fight Over Where to Fight: Removal, Transfer of Venue, and Compelling Arbitration
Michael Boxerman, James Susag; Carlton Fields P.A.;
Presentation December 9, 2011 This paper first discusses the legal and strategic implications of forum selection and choice of law clauses, including the enforceability issues inherent to each. Next, the authors examine the potential ramifications of litigating in state versus federal court and consider jurisdictional concerns...
| | Can Congress Create a Right of Action for People Who Have Suffered No Injury?
Mark A. Brown; Carlton Fields, P.A.;
Legal Alert/Article November 29, 2011, previously published on November 29, 2011 Any first year law student knows that to bring a lawsuit a plaintiff “must allege a distinct and palpable injury to himself.” Warth v. Seldin, 422 U.S. 490, 501 (1975).
| | Changes to Florida's Mediation Rule Will Affect Insurers
Jeffrey Michael Cohen; Carlton Fields, P.A.;
Legal Alert/Article November 16, 2011, previously published on November 15, 2011 On November 3, 2011, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.720 pertaining to mediation procedures. The amendment, which becomes effective January 1, 2012, significantly impacts insurers' mediation obligations. Changes to the rule are summarized below:
| | Rumored Reduction of $5 Million Federal Gift Tax Exemption to $1 Million
Jerome M. Hesch, Eileen Trautman; Carlton Fields, P.A.;
Legal Alert/Article November 16, 2011, previously published on November 14, 2011 Rumors are circulating that the Joint Committee on Deficit Reduction, referred to as the “Super Committee" may reduce the estate tax and gift tax exemptions effective November 23, 2011. The Super Committee faces the daunting task of reducing the deficit by at least $1.5 trillion over the...
| | Can Congress Create a Right of Action for People Who Have Suffered No Injury?
Mark A. Brown; Carlton Fields, P.A.;
Legal Alert/Article November 9, 2011, previously published on November 4, 2011 Any first year law student knows that to bring a lawsuit a plaintiff “must allege a distinct and palpable injury to himself.” Warth v. Seldin, 422 U.S. 490, 501 (1975).
| | There's a New Patent Law In Town
William Giltinan, C. Douglas McDonald; Carlton Fields, P.A.;
Legal Alert/Article October 19, 2011, previously published on October 18, 2011 On September 16th, President Obama signed a new patent law entitled the Smith-Leahy America Invents Act, or the AIA, which has been called the “greatest change in the patent laws since 1836.” It contains many significant changes, some of which go into effect immediately, and others of...
| | Eleventh Circuit Holds No Coverage For Investigation Costs
E. Kelly Bittick, Steven J. Brodie, Kevin P. McCoy, Sylvia H. Walbolt, Gwynne A. Young; Carlton Fields, P.A.;
Legal Alert/Article October 19, 2011, previously published on October 18, 2011 On October 13, 2011, the Eleventh Circuit held that, by their plain and unambiguous language, the defendants’ Executive and Organization Liability Insurance Policies did not cover the costs incurred by plaintiff Office Depot in responding to (1) an investigation by the SEC of Office Depot as...
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